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RPM, INC. v. PENTAGON CHEM. & PAINT WORKS, INC.

114 A.D.2d 1025 (1985)

Rpm, Inc., et al., Respondents, v. Pentagon Chemical & Paint Works, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 25, 1985

Order affirmed, with costs.

Because the material examined by defendants' expert is no longer available for inspection by plaintiffs, Special Term did not abuse its discretion in ordering that the expert be deposed (see, CPLR 3101 [d]; compare, Fedorcyzk v New York Univ., 95 A.D.2d 822, with Cepin v Cepin, 66 A.D.2d 764

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